December 3-4, 2015 - LCDC Salem <br />Agenda Item 4, Attachment H <br />1 (3) Notwithstanding section (2)(d) of this rule, land that would otherwise be excluded from an <br />2 urban growth boundary may be included if: <br />3 (a) The land contains a small amount of resource land that is not important to the commercial <br />4 agricultural enterprise in the area and the land must be included to connect a nearby and <br />5 significantly larger area of land of higher priority for inclusion within the urban growth <br />6 boundary; or <br />7 Concern/question: What is required to determine if land is not important needs to <br />8 be better "defined." Suggest something such as: <br />9 A determination that land is not important to the commercial agricultural enterprise ill <br />10 and area shall be based oil consideration of influences including but not limited to the: <br />11 (a) Capability of sustaining long-term agricultural operations; <br />12 (b) Suitability to sustain long-term agricultural operations taking into account: <br />13 A. The existence of a large block of agricultural or other resource land with a <br />14 concentration or cluster offarms; <br />15 B. The adjacent land use pattern, inchiding its location ill relation to adjacent <br />16 nonfarm uses and the existence of bzfffers between agricultural operations <br />17 and nonfarm uses; <br />18 C. The agricultural land use pattern, including parcelization, tenure and <br />19 ownership patterns; and <br />20 D. The szffficiency of needed agricultural infrastructure in the area. <br />21 <br />22 (b) The land contains a small amount of resource land that is not predominantly high value <br />23 farmland or predominantly made up of prime or unique farm soils and the land is completely <br />24 surrounded by land of higher priority for inclusion into the urban growth boundary. <br />25 (4) For purposes of subsections (2)(c) and (d) and section (3) of this rule: <br />26 (a) When evaluating the agricultural or forest capability of land within a study area, "land" <br />27 means the land in a tract as defined at ORS 215.010. <br />28 (b) When determining whether the land is predominantly made up of prime or unique farm <br />29 soils "Predominantly" means at least 50 percent of a subject lot, or parcel fit." <br />30 Question/comment: 50150 does not equate to predominance. Suggest 51%. <br />31 A tract is composed of contiguous lots and/or parcels under the same ownership. Since <br />32 ownership can be changed, tract composition can be manipulated. Suggest removal of the <br />33 term "tract." <br />6 <br />